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Family Law

Exam 9
30 minutes

Fact Pattern

In 1994, a man and a woman were married in State A. 

In 1998, their daughter was born in State A.

In 2010, the family moved to State B.

In 2012, the husband and wife divorced in State B. Under the terms of the divorce decree:

(a) the husband and wife share legal and physical custody of their daughter;

(b) the husband must pay the wife $1,000 per month in child support until their daughter reaches age 18;

(c) the marital residence was awarded to the wife, with the proviso that if it is sold before the daughter reaches age 18, the husband will receive 25% of the net sale proceeds remaining after satisfaction of the mortgage on the residence; and

(d) the remaining marital assets were divided between the husband and the wife equally.

Six months ago, the husband was offered a job in State A that pays significantly less than his job in State B but provides him with more responsibilities and much better promotion opportunities. The husband accepted the job in State A and moved from State B back to State A.

Since returning to State A, the husband has not paid child support because, due to his lower salary, he has had insufficient funds to meet all his obligations.

One month ago, the wife sold the marital home, netting $10,000 after paying off the mortgage. She then moved to a smaller residence. The husband believes that he should receive more than 25% of the net sale proceeds given his financial difficulties.

Last week, when the wife brought the daughter to the husband’s State A home for a weekend visit, the husband served the wife with a summons in a State A action to modify the support and marital-residence-sale-proceeds provisions of the State B divorce decree. The husband brought the action in the State A court that adjudicates all domestic relations issues.


Questions

  1. 1. Does the State A court have jurisdiction to modify

    (a) the child support provision of the State B divorce decree? Explain.

    (b) the marital-residence-sale-proceeds provision of the State B divorce decree? Explain.

    2. On the merits, could the husband obtain

    (a) retroactive modification of his child support obligation to the daughter? Explain.

    (b) prospective modification of his child support obligation to the daughter? Explain.

    (c) modification of the marital-residence-sale-proceeds provision of the State B divorce decree? Explain. 

Question 1

1. Does the State A court have jurisdiction to modify

(a) the child support provision of the State B divorce decree? Explain.

(b) the marital-residence-sale-proceeds provision of the State B divorce decree? Explain.

2. On the merits, could the husband obtain

(a) retroactive modification of his child support obligation to the daughter? Explain.

(b) prospective modification of his child support obligation to the daughter? Explain.

(c) modification of the marital-residence-sale-proceeds provision of the State B divorce decree? Explain. 

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